5425.
!
MY LORD,
No. 822.
(GOLD COAST.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands signified in Mr. Holland's
Temple, May 28, 1873. letter of the 26th instant, stating that with reference to our Report of the 20th instant,* that the power of the Crown to prohibit the export of arms and ammunition and other articles under 16 & 17 Vict. c. 107. s. 150, was limited to those cases in which the exportation was altogether forbidden, he (Mr. Holland) was directed by your Lordship to transmit to us the copy of a Draft Bill which had been prepared with a view to enable Her Majesty by Proclamation or Order in Council to prohibit the exportation of arms, &c. to any ports or places within limits to be specified in such Proclamation or Order in Council.
And that he was to request us to inform your Lordship whether or with what modi- fications the Bill might be submitted to Parliament.
We are also in receipt of a second letter from Mr. Holland, with extracts from a letter, &c. of the 27th instant.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the enclosed Draft Bill should not be submitted to Parliament, because if the provision contained in that Bill became law, Her Majesty might in the event of a war in which Great Britain was neutral, be required by either belligerent to issue the proposed Proclamation or Order in Council.
The probibition, if the request were complied with, we conceive, would introduce a restriction upon the commerce of this country entirely new in International law, and most difficult to carry out.
If on the other hand the request were not complied with, the refusal would expose the Government of the day and Her Majesty to charges of partiality and breach of neutrality.
We are unable to suggest any modification, which would by its introduction make the proposed Bill of use, and not occasion more inconvenience than it would produce advantage.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
J. PARKER DEANE.
16978.-866.
95.-5/86.
• No. 820.
PUBLIC RECORD OFFICE
Reference :-
PELLIC.O. 885
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